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Section 212(i)-Fraud Waivers

People who have fraudulently or willfully misrepresented information during
the visa application process or in other immigration documents may require
an Immigration Fraud Waiver. These individuals include those who may have
either omitted some information during their green card or visa application
or, perhaps, did not reveal their true marriage status (for the case of
married applicants). For those dealing with issues of fraud and/or misrepresentation
in their immigration proceedings, there is a waiver under Section 212(i)
available.

I-601 Fraud Waivers

Previous fraud may be waived by the government if your parent or spouse
is a citizen or a permanent resident. Nonetheless, you should prove that
failure to be granted a fraud waiver would result in extreme suffering
of the relatives. Fraud waivers are limited compared to criminal waivers
under section 212(h). The Immigration Judge considers hardship to the
respondent’s family when deciding fraud waivers.

Some factors considered under extreme hardship include: your qualifying
relative’s family ties to the U.S and outside the U.S, your home
country conditions, financial implications of your deportation/removal
from U.S. and your health status, especially if your home country doesn’t
have suitable medical care.

For those applying for a fraud waiver, Form I-601 is required plus other
supplementary documentations. However, those facing removal proceedings
can submit Form I-601 to the Immigration Judge. Those applying abroad
can also submit their waiver application to the Embassy of the United
States or the Consulate where you will be interviewed. Persons who have
falsely represented themselves as the U.S. citizens to obtain immigration
benefits cannot be granted fraud waivers under Section 212(i). A fraud
waiver application is a very complex process. Thus, seeking representation
by an experienced immigration attorney will increase the chances of approval.

212(H) Waivers

Legal permanent residents with deportable criminal convictions can avoid
deportation and keep their green card if they are eligible for a 212(h)
waiver. Moreover, they may be eligible for the waiver even if they face
deportation due to the conviction of the following crimes:

Crimes of moral turpitude;

Procurement of prostitutes or engaging in prostitution;

Conviction of more than two offenses with an aggregate sentence of more
than 5 years;

Participating in stern criminal activities involving the assertion of immunity
from prosecution; or

Conviction of 30 grams of marijuana or less.

The 212(h) waivers include:

Fifteen-Year Waiver: The applicant should show that the activities under
his/her inadmissibility transpired over 15 years ago, that his/her admission
will not affect the country’s welfare or security and that he/she has
already undergone rehabilitation;

Extreme Hardship Waiver: If the applicant is inadmissible because of certain
criminal conduct, he/she can be eligible for a 212(h) waiver if:

(1) he/she can prove that his/her denial for admission may subject his/her
U.S. citizen or legal permanent resident parent or spouse to extreme hardship; or

(2) the Immigration Judge or USCIS gives a favorable discretion in his/her
case after cumulatively weighing the factors in the foreign national’s case.

Battered Spouse and Children Waiver: If the applicant was battered and
subjected to adverse brutality by his/her spouse or parent, who is a U.S.
Citizen or legal permanent resident, they can petition for a waiver under
the Violence Against Women Act (VAWA). Again, the waiver has a higher
chance of approval when represented by a knowledgeable and experienced
immigration attorney. attorney.

212(c) Waivers

If you have been placed in a removal proceeding due to your conviction
of a criminal activity - yet you are a legal permanent resident, you can
apply for a 212(c) waiver to avoid deportation. However, you only qualify
for a waiver application depending on the criminal offense conviction
and the date of the conviction. Some legal permanent residents can seek
discretionary relief under the Immigration and Nationality Act Section 212(c).

Yet, the following requirements must be met for a 212c waiver application:

Plead guilty to the crime prior to April 1, 1997;

Have been a legal permanent resident for a minimum of five years;

Have maintained a U.S. residence for a minimum and successive period of 7 years;

Is not in removal or deportation proceedings on the basis of national security
or terrorism;

Is not unlawfully in the United States due to a past immigration felony;

Does not have a firearm-related conviction nor an aggravated felony conviction
and served more than 5 years for such conviction.

One cannot qualify to be granted a 212(c) waiver if he/she has departed
and is presently out of the country, has unlawfully returned after removal
or deportation, or is presently in the United States without admission
or parole.
It should be noted that a 212(c) waiver is discretionary. This implies
that despite your eligibility for the application of a 212(c) waiver,
a decision will be made by the Immigration Judge on a case-by-case basis
whether or not to award the relief. The Immigration Judge has to carefully
balance between the positive factors and the negative aspects in your
submission. Positive factors may comprise of U.S family ties, property
ownership, long time U.S. residence, genuine rehabilitation, business
ties, demonstrated value and community service, proof of good moral character,
and your family’s hardship incurred by your removal. Negative factors
include poor moral character and the nature of the criminal conviction
(seriousness and recency).

Due to the complexity of such waivers, it is imperative that you speak
with an experienced immigration lawyer in your case before you apply for
relief under the 212c waiver.

To schedule an initial consultation with us today, don't hesitate to
contact us at (949) 478-4963.

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